Election Commissioner Ashok Lavasa wrote thrice to Chief Election Commissioner Sunil Arora conveying his decision to stay away from proceedings related to the MCC if the dissenting views were not incorporated in the orders.

The Election Commission of India on May 21 decided by a majority of 2:1 that dissenting opinions in the matter of model code of conduct (MCC) will not be made part of orders, according to the existing rules and procedures. It will only be included in internal files, as has been the practice.

“In the meeting of the Election Commission held today, regarding the issue of MCC, it was inter alia decided that proceedings of the Commission meeting would be drawn, including the views of all the Commission Members. Thereafter, former instructions to this effect would be issued in consonance with extant laws and rules,” the Election Commission said.

The issue came up before the full bench comprising Chief Election Commissioner Sunil Arora, senior Election Commissioner Ashok Lavasa and Election Commissioner Sushil Chandra, after Mr. Lavasa raised objections over his dissenting opinions not being included in the orders on certain speeches of Prime Minister Narendra Modi and BJP chief Amit Shah.

Mr. Lavasa wrote thrice to Mr. Arora, conveying his decision to stay away from proceedings related to the MCC if the dissenting views were not incorporated in the orders.

“However, there is no such precedent. According to the existing rules, only the majority decision in case of non quasi-judicial issues like the MCC is communicated to the parties concerned. The divergent opinion is recorded in files,” a senior ECI official said.

Following news reports that Mr. Lavasa had recused himself from MCC matters, Mr. Arora had issued a statement saying: “It needs to be mentioned that in the last meeting of the Commission on May 14, it was unanimously decided that some groups shall be formed to deliberate the issues that arose in the conduct of Lok Sabha Elections, 2019, just as it was done after the Lok Sabha elections of 2014. Of the 13 issues and areas identified, Model Code of Conduct is one of them.”

Former Election Commission legal advisor S.K. Mendiratta, who worked with the poll body for about 53 years, had also told The Hindu that in case of a difference of opinion on MCC matters, the dissent note is recorded in the files and only the majority view is communicated through an order.

The dissenting ruling becomes part of the order only in quasi judicial matters like the disputes related to the Representation of the People Act and election symbols.